Accident - personal injury claim help needed please

phoenixlily

Hello moneysavers,

I have a real problem and need advice on how to deal - three years ago I had a bump in my car, went into the back of someone. It was completely my fault, so I gave all my details immediately and was texting the woman after it happened checking she was alright (I know you're probably not supposed to do this sort of thing but I felt bad as it was my fault).

She tried to claim for medical costs from my insurance company, who rejected the claim - I'm not sure of the ins and outs of it, but they rejected it because they said the problem she had with her back had been present before, so she couldn't claim it was caused by the accident.

I changed insurance companies the year after that because I wasn't happy with how they dealt with the claim (it took them ages to respond to me, they would leave me on hold for an hour and then just hang up the phone). Now three years later out of the blue I just received a court summons, saying that the woman I hit is claiming £15,000 from me for personal injury loss and damage.

The claim details read that she's claiming £11,700 for care - because since the accident she has relied heavily on her eldest son since the accident to help around the house and to drive his younger brother to and from school (care is costed at 15 hours per week, £5 an hour, making a total of £11,700 over the three years).

The actual chiropractor's fees only add up to £245 in total.

As I was in the wrong and I did hit her, I wouldn't mind paying her chiropractor's fees - but the care claim seems a bit dodgy to me, as it seems to insinuate that she can't drive, but I know she can because when she was texting me and speaking to me after the accident she told me she was driving to her chiropractor's. Also how am I supposed to know whether the amount of time her son has been helping around the house is accurate? She could be completely lying for all I know. And shouldn't he be helping around the house anyway??

I'm not in anyway waiving my responsibility nor that I should be culpable for paying something, because the accident was my fault. But isn't this what I have insurance for? How can she then be taking me to court? Is there any way I can use the same defence as my insurance company did? I just can't afford to pay expensive solicitors fees to sort this out, it seems ridiculous, but I definitely can't afford to pay £15k!!! Another reason this seems a bit dodgy is that we both live in South Wales, and yet the case is being heard at Oldham County Court in Manchester. That doesn't seem normal, unless she's gone through one of these no-win-no-fee accident claim scams that are around.

I wondered whether I should hire a private detective or something to sit outside her house to see whether it's real or whether she's having me on - if she's carrying shopping or getting in and out of her car then she's clearly having me on. But again, it isn;t that I don't think I should pay - I would be happy to pay something towards her medical costs, but I just don't want anyone taking the p*** with this claim. I'm also wary of hiring a personal injury solicitor to defend me because I just don't know whetehr they would be doing a good job or whether they would be ripping me off too.

I called legal aid but it isn't the sort of thing they help with. I have the numbers of some solicitors to call on Monday but again I have no idea whether any of them are any good or not.

Does anyone have any advice - has anyone been through the same thing, or have any info they could pass on? I'd be really grateful!

Quentin

No need to worry. If the claim is justified, then your insurer will pay it.

You should pass this on (unanswered) to your insurer (at the time of the incident) to deal with.

But don't get involved with hiring detectives etc, or communicating with the solicitor.

phoenixlily

Just did some investigation - the company representing the claimant is this lot of sharks

mulderrigs.co.uk

no win no fee specialists. hhhhmmmmmmmm.

Thanks for advice, will be passing on to my insurer.

Can they really get away with sending people stuff like this through the post though?? I think it qualifies as harrassment. I nearly had a heart attack this morning looking at the court summons. How can they get away with doing things like this to people??

Thanks for advice Quentin, much appreciated. I could have done without this first thing on a Saturday morning...!

mattymoo

phoenixlily wrote: »

Can they really get away with sending people stuff like this through the post though?? I think it qualifies as harrassment. I nearly had a heart attack this morning looking at the court summons. How can they get away with doing things like this to people??

Where else are they going to send it?

Ultimately the legal action is between you and this woman hence your details appear on the summons and the summons is served on you. While you have insurance to deal with this kind of thing, they cannot sue the insurer directly since the allegations of negligence will not make sense.

Thank god we don't have the American system of process servers where they hand it to you in person though.

When you send the papers off, check the correct address with your insurers and send it first class recorded for the attention of the person you speak to about the matter. Then after a couple of days phone them again (ask for their direct dial number) and check they have received it and acted upon it.

phoenixlily

mattymoo wrote: »

Where else are they going to send it?

Ultimately the legal action is between you and this woman hence your details appear on the summons and the summons is served on you. While you have insurance to deal with this kind of thing, they cannot sue the insurer directly since the allegations of negligence will not make sense.

Thank god we don't have the American system of process servers where they hand it to you in person though.

When you send the papers off, check the correct address with your insurers and send it first class recorded for the attention of the person you speak to about the matter. Then after a couple of days phone them again (ask for their direct dial number) and check they have received it and acted upon it.

Yes you make a good point. Just a shock. And yes thank god we don't have the American system. this was bad enough. Thanks for the advice, I will make sure I keep copies of everything and details of people's names.

LegalBlonde

I don't know why you take such a dim view on no win no fee specialists. Just wait until YOU have an accident and you will be happy they are there.

You have not received a Court "summons", you have been served with a Claim Form. You have a certain amount of days to respond to the Court acknowledging receipt.

All these things she is claiming are part of her Particulars of Claim, prepared by her SOLICITORS not her personally asking you for all these (you seem to think she has a cheek in doing so.....)

I would stop talking it so personally and hire a Solicitor, tell your old Insurance Company if you don't want to contact firms yourself.

It is not "dodgy" that the claim is brought in Manchester, the Solicitors will have simply used their local Court for convenience.

It is not possible for a Solicitor to "rip you off". If they are a law firm i.e. registered with Law Society, they have to inform you of their fees before you agree to anything. When you receive a bill at the end, there are details of how you can challenge it at Law Society. Don't you think Solicitors would be the MOST regulated industry in the country? I don't know where your mistrust comes from. Make sure you get a law firm with a law society number, and not a claim company (although there is not much wrong with them) and you will be fine.

If you are serious in your allegations of her faking it, and not just bitter, your Solicitor may hire an investigation agency etc. Don't do this yourself.

Your former insurance company insured you at the time of the accident so they are going to pay it anyway. So I don't know why you are taking it so personally.

Service of a claim form as harrassment really did make me laugh. How do you think the legal system would work at all if proceedings could not be served on people by post?

Hopefully you will find a good Solicitor who will change your dim view of the profession and possibly help you if you are ever in an accident!

LegalBlonde

phoenixlily wrote: »

but the care claim seems a bit dodgy to me, as it seems to insinuate that she can't drive, but I know she can because when she was texting me and speaking to me after the accident she told me she was driving to her chiropractor's. Also how am I supposed to know whether the amount of time her son has been helping around the house is accurate? She could be completely lying for all I know. And shouldn't he be helping around the house anyway??

QUOTE]

This is the kind of thing your Solicitor gets paid for (and obviously far too much in your opinion) doing. Forget it and contact your Insurance Co. The matter will always be negotiated and ultimately if it cannot be, it will go to a Judge. No one is telling you that you have to pay what is laid out now so I wouldn't worry.

mattymoo

lily - ignore the last line of legalblondes post. You do not need to appoint a solicitor. Your insurers will do that for you and they will meet the costs.

LegalBlonde

Where I hope he gets a good Solicitor?? I know his insurance company will appoint one but presumably he will be impressed or not impressed with their dealing with the matter (as he was with his insurance co previously) and it may change his view of the profession - I am allowed to hope aren't I??

mattymoo

Sorry legalblonde - you're not helping here. You and I are used to the English legal system and know who pays for what and how the statement of claim will always be overstated, with a view to future negotiation.

lily just needs some reassurance that everything is above board and can be taken care of by her insurers (or previous insurers in this case I think). Stuff like this does not happen to people every day and you cannot blame them for fretting.

geri1965_2

I can't add anything useful to the advice already given, but would just add that when proceedings are threatened, it's good customer service for the insurer to contact their policyholder to put them on notice and tell them what to do with the papers.

I wonder how many people just receive papers from the court, panic and don't know what to do with them?